Rancho Santa Margarita Municipal Code Art. II District Regulations—general Provisions

The provisions set forth in this Chapter for each zoning district shall be the minimum regulations and shall apply uniformly to each class or kind of structure or land, except as follows:

(1) No building, structure, or land shall be used or occupied, and no building or sign shall be erected, constructed, reconstructed, moved, or structurally altered, except in conformity with all of the provisions set forth for the zoning district in which such building, structure, or land is located.

(2) No building or other structure shall be erected or altered:

a. To exceed the maximum permitted height or bulk;

b. To accommodate or house a greater number of units;

c. To occupy a greater percentage of lot area;

d. To have narrower or smaller rear yards, front yards, side yards, or other open spaces than required; or

e. In any other manner contrary to the provisions of this Title.

(3) No part of a yard or other open space or off-street parking or loading space required for or in connection with any building for the purpose of complying with this Title shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building, except as specifically provided in this Title.

(4) No yard or lot existing on or after the effective date of this Title, shall be reduced in dimensions or area below the minimum requirements set forth in this Title unless expressly permitted by this Title. Yards or lots created on or after the effective date of this Title, shall meet at least the minimum requirements established by this Title. (See Section 9.04.080 for provisions relating to nonconforming lots.)

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007)

(a) Prohibited uses. All land uses and provisions of this Title shall be consistent with controlling Federal, State, and local law. Any use or activity that is illegal under Federal, State, or local law shall be deemed a prohibited use in all zoning districts within the City. Any use that is not consistent with Federal, State or local law and is not expressly permitted in a zoning district as a permitted uses or as a conditionally permitted use, including a use in a district determined to be similar in character to a particular use allowed in such district as provided by this Title, shall be deemed a prohibited use and such use shall not be allowed in such district.

(b) Use determination. Unless a use is specifically identified in the table of uses for each applicable zoning district, it is not permitted in that district. However, the Planning Commission shall have the authority to review proposed uses not listed in this Chapter. A proposed unlisted use may be permitted as a principal or accessory use within a Zoning District if the Planning Commission makes written findings that such use:

(1) Falls within the purpose and intent of that Zoning District;

(2) Is of a comparable nature to the principal, accessory or conditional uses set forth as permitted in the Zoning District;

(3) Is not listed in another Zoning District;

(4) Will not be inconsistent with any allowable uses in the vicinity of such use; and

(5) Is not prohibited under Federal, State or local law.

(c) Appeal of decision. The Planning Commission's decision may be appealed as provided in Section 9.8.100.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 09-05, § 2, 12-9-2009)

Editor's note— Ord. No. 09-05, § 2, adopted December 9, 2009, changed the title of Section 9.03.050 from "Unlisted uses" to "Prohibited uses." The historical notation has been preserved for reference purposes.

The City may, by Ordinance, prezone certain contiguous areas outside the City which, in the opinion of the City Council, are in accordance with the general plan and sphere of influence. For this purpose, prezoning maps shall be developed, adopted, and amended in accordance with the provisions of Section 9.08.090.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007)